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HomeMy WebLinkAbout2002.1107.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Nov November 7,2002 Mayor Jon Beydler convened the regular session at 6:30 p.m. Following the pledge to the flag and an invocation by Pastor David Iverson,First Assembly of God Church,roll call was taken: ROLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jon Beydler, Vice Mayor Leesa Fraverd, and Councilpersons Kathleen Nicola, Mike Archambault, Susan Ralphe, and John Kavanagh. Council member Rick Melendez was absent. Also present were Town Attorney Andrew McGuire, Town Manager Tim Pickering,and Director of Administration/Town Clerk Cassie B. Hansen. Mayor's report: Mayor Beydler read the proclamation declaring November as "Arts Month". He announced that the Special Town Hall Financial Forum would be held on Wednesday, November 13, 2002, 6:00 p.m. at the Community Center, and Paul Nordin's Birthday Party would be held on Thursday,November 14, 2002, 5:00. to 7:00 p.m. at the Community Center. AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF OCTOBER 17,2002. AGENDA ITEM #2 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY KENNY KRELL ON BEHALF OF 3 DISCIPLINES RACING FOR THE CANDY CANE RUN (FORMERLY THE JINGLE BELL RUN) SCHEDULED FOR SUNDAY, DECEMBER 15, 2002 FROM 4:45 P.M. TO 6:30 P.M. THE EVENT WILL REQUIRE STREET CLOSURES AT: AVENUE OF THE FOUNTAINS FROM VERDE RIVER TO SAGUARO; SAGUARO FROM PALISADES TO EL LAGO. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY KENNY KRELL ON BEHALF OF 3 DISCIPLINES RACING FOR THE 10''-' ANNUAL MOUNTAIN TO FOUNTAIN WUN TO BE HELD ON SATURDAY. FEBRUARY 22, 2003. THE EVENT WILL BEGIN AT 8:00 A.M. END Y 10:00 A.M. AND AND REQUIRES ONE STREET CLOSURE ON LA MONTANA BETWEEN HAMILTON DRIVE AND SAGUARO BOULEVARD. AGENDA ITEM #4- CONSIDERATION OF A FINAL PLAT FOR THE 116-UNIT BALERA AT FIREROCK CONDOMINIUM LOCATED AT 16411 E. SHEA BLVD., AKA FIREROCK COUNTRY CLUB MASTER PLAT,PARCEL C, CASE NUMBER S2001-32. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2002-43 ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY PROPERTY LINE OF LOT 25, BLOCK 4, PLAT 605 A (15765 E. MUSTANG DRIVE) AS RECORDED IN BOOK 155 OF MAPS, PAGE 21 RECORDS OF. MARICOPA COUNTY,ARIZONA EA2002-23 KAREN A. CLAUSON. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2002-44 ABANDONING THE EXISTING DRAINAGE EASEMENT LOCATED AT THE WESTERLY PROPERTY LINE AND REQUESTS TO REALIGN THE DRAINAGE EASEMENT OF LOT 30, PLAT 606 AMENDED (15204 E. SUNBURST DRIVE) AS RECORDED IN BOOK 428 OF MAPS, PAGE 50 RECORDS OF MARICOPA COUNTY, ARIZONA EA2002-21,WITH STIPULATIONS.GREGORY E. & MARILYNN B.MANNION Vice Mayor Fraverd MOVED to approve the consent agenda (items 1-6) and Councilwoman Nicola SECONDED the motion. A roll call vote was taken with the following results: Councilman Kavanagh Aye Councilwoman Ralphe Aye Mayor Beydler Aye Councilwoman Nicola Aye Vice Mayor Fraverd Aye Councilman Archambault Aye The motion CARRIED unanimously. A:\Regular Session 11-7-02.doc Page 1 of 14 AGENDA ITEM #7 - CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN PARCEL 10/11 TRACT G,A PROPOSAL TO RE-SUBDIVIDE 4.34± ACRES OF LAND KNOWN AS TRACT "G" OF EAGLE MOUNTAIN PARCEL 10/11 SUBDIVISION INTO TWO LOTS. THE PROPERTY IS LOCATED NORTH OF MIRA VISTA DRIVE BETWEEN FIRERIDGE TRAIL AND PALISADES BOULEVARD. CASE NUMBER 2001-27. (THIS ITEM WAS CONTINUED FROM THE OCTOBER 3 COUNCIL MEETING. ON NOVEMBER 1, THE APPLICANT REQUESTED THAT THE ITEM BE CONTINUED TO NOVEMBER 21, 2002) Councilman Kavanagh MOVED to continue this item to the November 21, 2002, council meeting and Vice Mayor Fraverd SECONDED the motion. Mayor Beydler explained that primarily the reason that this item was being continued had to do with Councilman Melendez's absence. The developer had requested the opportunity to present their application to the entire Council and Councilman Melendez also expressed interest in being able to participate. The motion CARRIED unanimously. AGENDA ITEM#8 - CONSIDERATION OF THE FINAL RE-PLAT FOR "TOWN CENTER III,BLOCK 2",A RE-SUBDIVISION OF LOTS 1 THROUGH 7 AND LOTS 34 THROUGH 41,BLOCK 2,FINAL PLAT 208. CASE NO: S2002-42. Councilwoman Ralphe stated she was excited that MCO wanted to go ahead with this replat process. She hoped this signaled the beginning of work on a significant unfinished section of the downtown. She felt that this evening the Council would be working in somewhat of an information vacuum. Therefore, because she wanted to be respectful of everyone's time she MOVED to continue agenda items 8, 9, and 10 for 10 to 14 days until two things can be accomplished: 1) all seven Town Council members would be present for discussion and vote, 2) a modified Council work-study session would have been held to better inform the council and the public. She explained she considered a modified session as including questions from both the public and the council. Councilwoman Ralphe stated that this motion would also direct staff to provide to council members, in advance of the session,any pertinent material pertaining to this land,including: copies of the 1997 Development Agreement, a detailed opinion from the town attorney (perhaps in executive session) as to how the proposed replats would fit with the 1997 Development Agreement, and MCO's conceptual plans for the area. She solicited input from MCO and invited MCO to supply this information to town staff. She requested larger replat maps as well as ‘1663pies of all e-mails between the Town Council, MCO, and the five citizens who formed the group called the Down Town evelopment Consensus Team be provided. Councilwoman Ralphe summarized that the Council needed more information and the Council owed it to the citizens to give more information without holding this process up unduly. Councilman Archambault SECONDED the motion and asked for a copy of the 1997 Development agreement. Councilman Kavanagh called for a point of order. He questioned if items could be tabled that they were not discussing. Mr. McGuire stated that in the past the Council had moved to suspend the rules to group items together on the agenda and/or take them out of order on the agenda. He felt that it would be appropriate to cluster them all together if that was the pleasure of the Council. Councilman Kavanagh pointed out that no motion had been made to merge items. Mr. McGuire stated he did not think that motion had been made. He expressed that he had also witnessed times when motions were taken together because the nature of the action items were quite similar. This was a decision that would be made at the pleasure of the Council. He acknowledged that the Council did not have a written rule on this particular procedure so the Council should decide as to how this should be handled. Mayor Beydler noted that a motion had been made. Councilman Archambault stated he had seconded the motion. Mayor Beydler restated that this was a motion to continue with the caveats as outlined. Director of Administration/Town Clerk Cassie Hansen reiterated the motion and noted that the stipulations would be written as stated from the meeting's recording. Mayor Beydler asked if the motion to continue was subject to discussion or was that treated similar to tabling an issue. Mr. McGuire responded that the motion would be subject to discussion only as to continuance. Councilman Kavanagh did not feel it was necessary to continue. He said that, if anything, that action would be suppressing information. He pointed out that the Council had before them a staff report that recommended approval, the town attorney recommended approval,and the Council members all had had ample opportunity to review these materials and ask questions of staff. He felt it was unheard of to wait until the last minute to spring this and ask for all kinds of things including e-mail communications between council members. It made him wonder what this action was all about and question what the intent was. Lice Mayor Fraverd agreed with Councilman Kavanagh. The Council starts an agenda item with the staff report. She questioned the request to continue because not enough information had been given. She felt the Council had at least a week A:\Regular Session 11-7-02.doc Page 2 of 14 to talk to staff if there were questions. She noted that the town manager calls every council member to see if they have questions. She did not understand this last minute request for additional information. Vice Mayor Fraverd pointed out that agenda item was not unusual and the Council had done these many times. Councilwoman Ralphe addressed the question of the need for the continuance. She stated that her first concern was for the citizens. She said citizens got notice of this meeting yesterday in the local paper(Times)via a very small story contained on page 5A. She wished that this Council and the town could do better than this. As far as the council needing information, she advised the staff that her questions were so huge that they couldn't be answered. This was a situation where the Council wished to continue in a timely manner and the Council and the people needed more information. Councilman Archambault stated that this was the downtown area. He did not want to diminish it by stating this was just a simple replat. He restated that he had asked for the 1997 Development Agreement. He felt it was important that the Council all have that and were up to speed. He wanted to do the job that he had been elected to do. Councilman Kavanagh stated that this as an administrative procedure. The terms of the plats had been previously approved and set. This Council was being asked to vote for something that complied with the deal that was made and the Town's laws. Whether the Council liked it or not the fact could not be changed that MCO had every right to go forward with these replats. MCO was complying with everything. He expressed concern with regard to the possible continuance of agenda item#10. This was a request for an abandonment of a road. Many people in town were concerned that the view from the Community Center and the Library would be obstructed by some of the proposed buildings. These concerned people contacted MCO and MCO quite graciously and generously said they would move the buildings as long as they could have other space. Agenda Item #10 was to give a nod to MCO that the town was serious and the Council would approve the abandonment so that the views would be retained at the Community Center. Councilman Kavanagh stated that MCO was not profiting from that action. The bad faith that was being shown now by holding up something that the Council has no right to hold up might result in the elimination of the views from the Community Center and the Library. Mayor Beydler interjected that Councilman Melendez had expressed the sentiment"why the rush". Mayor Beydler felt that by providing the community a couple of weeks to get on the same playing field and all the Council members to have the same information for a decision that was monumental in terms of the town's future did not seem to be asking lot. He wanted Lie public to have some of their questions answered so that they felt that the Council had performed due diligence. He echoed Councilwoman Ralphe's motion. Councilman Archambault stated that the town owned those road and MCO was not giving the town anything. Councilman Kavanagh responded it was the town that wanted MCO's buildings out of the view. MCO simply said that they would accommodate that idea, but they did not want to lose buildings in the process. He stated that this would cost MCO money. Councilman Archambault disagreed with Councilman Kavanagh because if the town wanted to abandon the road and replat that area,it was the town's right to do so. Vice Mayor Fraverd stated that she took exception to the fact that Mayor Beydler was quoting absent council members. If Councilman Melendez had wanted to make a statement he could have done so and had it read aloud. Regardless of the excuses that she was hearing she felt that some council members had come to this meeting unprepared. She felt that it was each council member's responsibility to talk to the town manager and staff to ensure that they were prepared. Vice Mayor Fraverd expressed it was a cop out to ask for the development agreement, as that was what the town had an attorney for. It was not up to the council to read the development agreement and decide the legal interpretation. She wanted to move forward on this item this evening. Councilwoman Nicola stated that she was prepared to discuss this until she heard the concerns brought up by Councilwoman Ralphe. She felt that some of those concerns were justifiable. Councilwoman Nicola asked if Director Drake was going to give more information than what was contained in the staff report. Mr.McGuire stated that if there was a motion to continue and it was continued during the interim period between now and then staff would be happy to put together relevant information. He reminded the Council that this was a final plat. This was at the stage of checking the boxes rather than the legislative discretion. He stated that at this point there was not a lot of Council discretion in this because that was left on the table about five years ago. Councilwoman Nicola stated she would not support the motion to continue. ilr.Greg Bielli,President of MCO Properties CO opposed the motion to continue. He explained that MCO had followed the Town's zoning codes and subdivision ordinances and brought forward two replats. This was filed and improvement plans were filed and the plans have been in the A:\Regular Session 11-7-02.doc Page 3 of 14 town's process for a couple of months. He noted that it had been publicly discussed that this was what MCO was going to do. He personally communicated to different interest groups in the community that this was where MCO was headed. Therefore,MCO would strongly oppose a continuance and find that as an issue with the development agreement. He stated (ttigethat MCO was happy to talk to any of the council members at any time. A roll call vote was taken with the following results: Councilwoman Ralphe Aye Councilman Archambault Aye Councilwoman Nicola Nay Mayor Beydler Aye Vice Mayor Fraverd Nay Councilman Kavanagh Nay The motion FAILED on a 3—3 vote. Community Development Director Jesse Drake reviewed her staff report and discussed visuals for the Council and the public. She stated that the 1997 development agreement regulated the development requirements for this plat and predated the town's concept plan approval process. Therefore the concept plan approval would be required. The applicant was also requesting an abandonment of the non-vehicular access easement. MCO had added a notation on the plat stating that in the future when the driveways were identified MCO would rededicate a non-vehicular access easement on the remainder of the property's perimeter. She pointed out that there were no disturbance issues. Staff recommended approval with two stipulations,which she outlined. Councilman Archambault asked if the town would choose where the access would be. Director Drake replied that the applicant would submit a site plan as part of the building permit. The engineering department would determine and approve whether or not those access points were correct. Councilman Archambault questioned if the engineering department could require it to be moved if they disagreed with the access. Director Drake said that would be part of the site plan development and review process in the building permit and was an administrative process. Councilman Kavanagh asked if this application complied with all ordinances and requirements. Director Drake responded ikiw Councilman Kavanagh asked Mr. McGuire if this application met the legal requirements. Mr. McGuire replied that it was an administrative decision. Once all requirements were met there was not an option for the council to go back and say no unless one of the provisions of the statute wasn't met. Since this met all of the legal requirements, it was an administrative call of yes or no. Councilman Kavanagh questioned if the council had any legal reason to say no. Mr. McGuire did not believe that there were any omissions from the application that fell short of the subdivision ordinance. Councilwoman Ralphe ask Mr. McGuire how this replat fit with the 1997 Development Agreement. Mr. McGuire said there were two issues with respect to that. The development agreement regulated a number of different things. It granted entitlement to density and intensity of use, particularly with residential uses. He stated that the C-2 zoning predated that development agreement. The C-2 zoning that was on the site and the plat was much older than the development agreement. The entitlement to the property happened long before the development agreement. The development agreement came into play with respect to the kinds of uses that would be going into the town center and to the review processes that could be applied. The basic text of that agreement said that the regulations that were in place at the time of the 1997 development agreement would apply. The density and intensity of uses on the site would be regulated by that document. The only change to that document had been in the Firerock development agreement, which lowered the number of residential units that could be in downtown center. The standard that was set forth in the development agreement was such that nothing could be enacted that could be more burdensome. Councilwoman Ralphe asked how the Town Center 3 zoning fit. Mr. McGuire said that he was not quite sure about the question. If Councilwoman Ralphe was asking if the zoning was uniform over all of Town Center 3, he thought it was, except for the parcels that had been subsequently rezoned. He asked if the zoning category she was asking about was Town Center Commercial District. Director Drake interjected that she thought Councilwoman Ralphe was referring to the Town Center Commercial District(TCCD)and that zoning category was not on this property. This property's zoning designation was C-2. Mr. McGuire clarified that the only place that the TCCD existed was on the other side of Saguaro Boulevard. Councilman Archambault asked if the 1997 development agreement precluded the 2002 town plan where it showed a multi Ise area. Director Drake stated that the general plan that Councilman Archambault was referring to identified this area as xed use that could accommodate the C-2 zoning and the residential zoning. Councilman Archambault asked if the 1997 development agreement allowed for more residential in this particular area east of the community center. Director Drake did A:\Regular Session 11-7-02.doc Page 4 of 14 not remember if the agreement allowed more to the east or not. She thought it might. Councilman Archambault said that the 2002 General Plan showed that residential could be in there. He asked if it would be considered mostly commercial. Director Drake explained that the C-2 zoning district would accommodate the residential component as a special use permit. The 1997 Development Agreement stated that the applicant would need to have a special use permit. That would come fore the Council should any portion of this area have residential in it. Director Drake acknowledged that the applicant had provided a conceptual plan showing retail in the north with a potential for loft units and residential in the south half. Until a building permit has been applied for, staff would not know for sure what would happen. Councilman Archambault asked if parking would have to accommodate all of the uses on the lot. Director Drake replied yes. That would be when the building permit came through. Vice Mayor Fraverd MOVED to approve the final replat for Town Center III, Block 2 and Councilman Kavanagh SECONDED the motion. Mayor Beydler asked Mr. McGuire if council members could vote no in good faith given the fact that the development agreement was in place. Would that create liability by voting no? Mr. McGuire cautioned the Council against doing that. There was a very clear indication from MCO that they had properties in escrow waiting for this. It was one of those cases that had very clear damages for which the town could face liability for an arbitrary or capricious decision. He restated that there wasn't anything that stood out in the sub division ordinance that had not been met at this point. Councilman Archambault expressed he wanted to see the conceptual plan for this particular lot. He said that unless he could view the plan he would not support it. Director Drake stated that the conceptual plan for this as an exhibit for the next agenda item. The visual was displayed and Director Drake discussed the plan. Councilman Archambault asked if this was the plan that MCO came forward with or did the committee submit this plan. Director Drake replied this plan was submitted by MCO. Councilwoman Ralphe stated that although she felt the citizens needed more time and the Council needed more information she felt compelled to follow the town attorney's opinion. Michael Downes,Chair of the Planning and Zoning Commission( 16616 Palisades Blvd.) He was disappointed that MCO chose to bypass the Planning Commission and their input. He felt the Planning Commission had a lot to say that would make it easier for the Council to act. Greg Bielli He clarified MCO had not bypassed anyone. MCO followed the town's code. A replat under the subdivision ordinance did not go to the Planning Commission but would come before the Council. He stated that staff had reviewed this case to make sure that it complied with the ordinances. MCO followed the rules laid down. Back in 1997 when the development agreement was put in place, it had been recognized that down the road there would be an application and development here. The agreement included the land swap for the Community Center and a number of other issues. The agreement was to facilitate both the town's and MCO's part in the development of the town core. He felt that that was what MCO was doing here. He stated MCO was not asking for the abandonment. MCO was eliminating a number of small lots and creating one large lot. They had used small lots in the planning on the north half of Plat 208. The small lot concept was enough for the north but was not wanted in the south. He restated that MCO was simply eliminating small lots and creating large lots. This was not a discussion of uses. He acknowledged that there might be special use applications that would come before the Council for use permits. Those applications would come before both the Planning Commission and the Council. MCO would abide by the 1997 development agreement and the town's zoning codes. MCO asked for approval of this case tonight. Mayor Beydler clarified that the Council was not voting to approve any movie theater or any mini mall or any use at all. MCO was being given the opportunity to create larger lots from smaller lots so the lots could be marketed. Mr. Bielli stated that was correct. Mr. Bielli agreed that this application was not a discussion of use; the discussion was only on the size of the lot and if the parameters met the town's code. He acknowledged that there might be future applications that come through which would necessitate the use permit process. If the applications necessitated a different zoning district those applications would also come through the process, and would include review by the Planning and Zoning Commission and the Council. Councilman Archambault asked why rush. Mr. Bielli responded that MCO had been planning this property for years. He Li:viewed the process that they had gone through. The process now had MCO backed into a corner so they would have to do hat they could legally do. He expressed that MCO was prepared to move forward with users to develop the downtown based upon this plat. The rush was that they now had users. Councilman Archambault asked why Mr. Bielli could not show A:\Regular Session 11-7-02.doc Page 5 of 14 a concept plan since he had users. Mr. Bielli stated that the Council had just seen a concept plan on lot 2 although there could be others. He reminded the Council that use was not part of this process. Councilman Archambault asked why not wait and come to the council when MCO knew the purpose for which the buyers wanted the lot. Mr. Bielli explained that hey had users ready to go forward that did not have to go through a process other than going through the building permit o'process. A roll call vote was taken with the following results: Councilman Archambault Nay Councilwoman Ralphe Aye Mayor Beydler Aye Councilwoman Nicola Aye Vice Mayor Fraverd Aye Councilman Kavanagh Aye The motion CARRIED on a vote of 5 to 1 vote with Councilman Archambault casting the nay vote. AGENDA ITEM#9 - CONSIDERATION OF THE FINAL RE-PLAT FOR "TOWN CENTER III,BLOCK 7", A RE-SUBDIVISION OF LOTS 1 THROUGH 41,BLOCK 7,FINAL PLAT 208. CASE NO: S2002-43. Community Development Director Drake,through the use of visuals,described the application and discussed the staff report. Staff recommended approval with stipulations included in the report. Vice Mayor Fraverd MOVED to approve the final replat Town Center III,Block 7 and Councilwoman Nicola SECONDED the motion. A roll call vote was taken with the following results: Councilman Kavanagh Aye Councilwoman Ralphe Aye Councilwoman Nicola Aye Mayor Beydler Aye Councilman Archambault Nay Vice Mayor Fraverd Aye ,he motion CARRIED on a vote of 5 to 1 vote with Councilman Archambault casting the nay vote. AGENDA ITEM #10 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING REQUESTS FROM DOWNTOWN DEVELOPMENT CONSENSUS TEAM, INCLUDING A POSSIBLE TOWN INITIATION OF AN ABANDONMENT OF A SECTION OF VERDE RIVER DRIVE, SOUTH OF STEWART VISTA AVENUE TO EL LAGO BOULEVARD,IN PLAT 208 BETWEEN PARCEL 1 AND PARCEL 8 OF THE PROPOSED TOWN CENTER III PROJECT SUBMITTED BY MCO PROPERTIES. Director Drake stated that on October 22, 2002, staff met with a group of interested citizens with regard to downtown development. The discussion included four items: redesign of Avenue of the Fountains, including a Post Office intersection redesign, widening of some pedestrian walkways, and a request for staff to prepare a request for proposal (RFP) to spend some of the dedicated downtown funds on this redesign project. At the present time, staff recommended that more research be done on that particular project and come back to the Council with a recommendation portion. She stated that what she wanted to talk about now was the abandonment of Verde River Drive. Director Drake reviewed the staff report, which discussed the initiation of the abandonment of a section of Verde River Drive. She displayed a conceptual plan that showed what the proposed abandonment and discussed its effect. She acknowledged that staff would require a revised traffic study from MCO to consider the merits of this abandonment. The traffic study would also have to be reviewed by the utility companies. She confirmed that staff had already begun contacting the utility companies and did not foresee any problems. If the revised traffic study indicates that the roadway abandonment was favored, staff was requesting that the Council direct them to prepare the legal descriptions for the abandonment. Staff would then bring that item back to the council with a recommendation of approval. Councilman Archambault asked where that property would be moved. Director Drake displayed the design and discussed what the proposed effect would be. Walt Franklin, representative of the Downtown Development Consensus Team, made a PowerPoint presentation. He oted that this interested group has been meeting with MCO, town staff, and Council Members over the last two months. 'Each member came to the group with their own particular concerns in this matter and all soon realized three things: 1) There were widely varied interests and concerns related to the issue of town center development. A:\Regular Session 11-7-02.doc Page 6 of 14 2) Any decisions in the matter need to be reached through consensus of all interested parties and stakeholders. 3) Consensus could only be reached through a process of proper planning and effective public input. He introduced the other members of this group: Paul Kolwaite, Judi Yates, Jim Heasley, Jerry Miles, and Bob Sternfels. Their primary stimulus was the knowledge that development of south plat 208 by MCO was imminent. They would soon lose any flexibility in determining the shape and appearance of the downtown area. They recognized MCO's authority to proceed with development of their property according to their own interests. They found MCO to be extremely cooperative and responsive to their concerns. A major issue of this group was the lack of an appropriate park-like connection between the new cultural complex, the Avenue of the Fountains, and Fountain Park. MCO responded with several modifications, which led to the proposed abandonment. It was the request and recommendation of the consensus team that the Council move forward as rapidly as possible with the abandonment. Since this would benefit the community, they felt it should be done without expense in money or time to MCO Properties. He stated the only benefactors were the Town and its citizens. He referred to both plans and suggested that their plan would allow for a reasonable connection. This idea came from the Consensus Group but MCO was willing to cooperate if the Town was willing to go forward with the abandonment. MCO would readjust their plans accordingly. He understood that MCO was not willing to submit for the change or get involved because they already had a plan with which they intended to go forward. Mr.Franklin stated that the consensus had two requests for consideration by the Council tonight: 1) Initiate the abandonment 2) Request for proposal (RFP) They were asking that the council give staff direction to proceed with an RFP to contract with a qualified design firm to develop three design concepts for the town center area, specifically the Avenue of the Fountains (including the intersection at La Montana through to Saguaro Boulevard, with attention to pedestrian connectivity to Fountain Park). He noted that their group had discussed this proposal with council members. He asked that Council move quickly and discussed a prepared timeline of what could happen if the plans were delayed. The Consensus Team urged the Council to direct staff to prepare the RFP for presentation and Council's review at the December 4th council meeting. filloc4ayor Beydler asked if Mr. Franklin had considered looking into Maricopa Association of Government (MAG)programs that were offered for paying for the planning process. He noted that during a MAG meeting last week he had been informed that there were federal monies available that would pay 94% of the cost for any type of planning that had a transportation component. He suggested that town staff could interface with MAG to validate that that type of program existed. If the planning could be paid for without using town funds it might be worthwhile. Mr. Franklin confirmed he had not looked at this option but was thrilled at the prospect. He thought staff would be interested in looking into it. He emphasized that the Town had money encumbered for commercial development only that would be applicable for this. He said the question was should the town start planning now or wait. Vice Mayor Fraverd asked everyone to focus on the abandonment first and then go on to the RFP component. Mayor Beydler noted that the RFP was not on the agenda. Vice Mayor Fraverd stated that would be direction for staff. Mayor Beydler asked if there was a motion with regard to this item. Vice Mayor Fraverd MOVED to approve with the stipulation that the Town receive a positive revised traffic study. Councilwoman Ralphe called for a point of order. She questioned if the wording of the agenda item allowed the Council to take action. Mr. McGuire replied that an affirmative vote on the motion would be direction to staff to start the process. It was not approving the abandonment. Vice Mayor Fraverd REVISED her motion to direct staff to start on the abandonment with the stipulation that the Town receives a positive revised traffic study. Councilman Kavanagh SECONDED the motion. Councilwoman Nicola said she would be interested in hearing from MCO as it involved property they owned and would impact them. She asked staff how this might affect the post office intersection. Mr. Greg Bielli said they had been orking with this citizens' group facilitating discussions for a couple of months. He stated that a number of them had Nimprisked MCO to discuss the possibility of revisions to the existing plat that was currently on the property. MCO had gone through a number of scenarios. One of MCO's preferences had been the linier mall concept. MCO lends their support to A:\Regular Session 11-7-02.doc Page 7 of 14 the citizens group's efforts and would like to have the abandonment action done as soon as possible. The Council's positive direction tonight would send the signal to MCO to move forward and get the abandonment in front of the Council within the next couple of weeks. He explained that all MCO needed to do was to get the legal description and revised tudy done. He stated that they had already gotten a proposal from the their engineers who had done the spring study. Their engineers would need to revise it for the scope of work as discussed with staff. MCO was in motion if the consensus of the Council was to proceed. Councilwoman Nicola said she had read about a possible purchase in addition to a land swap. She asked if that was on the table. Mr. Bielli responded it was not in front of the Council now. He explained that the traffic study dealing with the intersection of the post office would not be the scope of this revised traffic study. What they would be looking at was the volume of traffic on the 40' width road that goes through that L shaped area and how the abandonment would affect it if that road were eliminated. Mr. Bielli visually pointed to the area on the displayed map that he was talking about. He stated that MCO had already submitted the improvement plans. He gave a general overview of the improvements planned for the area. Vice Mayor Fraverd asked for the visual of the improved downtown area to be displayed while their discussion continued. She stated that the Council needed to decide if they wanted to make that happen. Councilwoman Nicola asked for Council support for direction to staff to look at the post office intersection. Mr. Pickering clarified that the point of this traffic study was to determine if the proposed change was sufficient to handle the amount of traffic that could be potentially generated within those proposed uses. It was not about any other intersections that flow into that area. If the Council chose to direct staff to review other intersections, he did not have a problem with that. This traffic study was specifically going to be revisited by the developer and their traffic engineer. Councilwoman Nicola understood that these were two separate issues. Councilman Archambault asked Director Drake how wide the easement was on Stewart Vista Drive. She deferred to engineering department, as their department handled roadway configurations. Director Ward responded that the street L,as 84' wide. Councilman Archambault asked if staff could also look at narrowing that street and widening the Avenue Vief the Fountains so the linear park could be widened. Director Ward said the present plan was to narrow the pavement width to 40 feet so that there would be more sidewalks and landscaping on Stewart Vista and Verde River. Councilman Kavanagh gave a brief history of how the town got into the situation where the Community Center and the Library that had been designed for a fountain view now suddenly found themselves potentially looking at buildings. That was when the group went to MCO asking if there was anything that they could to do to help the situation. MCO had been very accommodating stating that as long as it did not mess anything up, they would be glad to shift stuff around. He felt this proposal was a "win win" for everyone. Councilman Archambault said that some of the Council had been kept in the dark until recently and had also been accused of not doing their homework. He felt it would have been nice if the Council Members, who were meeting with the group, had kept the rest of the Council informed as to what was going on. Councilman Kavanagh clarified that there were only two council members attending these meetings because of the "open meeting law". They had also left the communication of the details to the non-council members of the group for the same reason. He understood that the information had been communicated to the Council. Councilman Archambault stated they had been informed, but at the last minute. Councilman Kavanagh stated there had been no intent to keep anyone in the background. Councilwoman Ralphe said she had sent an e-mail to Councilman Kavanagh and Vice Mayor Fraverd requesting that they give the rest of the Council a status report on various meetings that they attended. She was disappointed to find out that had not happened. Vice Mayor Fraverd responded that the Council had been instructed not to send e-mails to one another and she had complied with that direction. Mayor Beydler felt the Council should focus on the positives of the committee. He felt the plan was outstanding. Councilwoman Ralphe applauded the efforts of this committee for their ideas and initiative. When the plan was explained to her by one the members of this group, she thought it was a good idea. She was concerned that if the Council were to ask ,.taff to study the ideas of just a few citizens, the Council would lend undue credence to their ideas as opposed to the ideas of all citizens. She felt that played fast and loose with the fairness and the impartiality that the Council had a responsibility to uphold. Councilwoman Ralphe did not want to go down that road. Her preference was not to direct staff to work on this A:\Regular Session 11-7-02.doc Page 8 of 14 particular idea immediately although she would like to see that explored. She preferred a modified council work-study session in which the Council has a chance to get more information and the citizens had a chance to provide their input and ideas on the downtown. Councilwoman Ralphe AMENDED the motion to request that a modified work-study session be teld that would allow the Council and citizens the opportunity to provide input and ask questions. The amendment DIED due to the lack of a second. Councilman Archambault thanked everyone for putting this proposal together. He liked how this came out and would be supporting it. He expressed his disappointment that several Council Members were informed of this at the last minute. He asked that all Council Members be kept informed of the downtown center and any other projects that go on in Fountain Hills. Frank Ferrera,Executive Director of the Fountain Hills Chamber of Commerce. He stated that the Chamber Board fully supports the proposal of the Downtown Development Consensus Team. They ask that the Council support this plan. He reminded the Council that the Chamber had worked very hard during the campaign to increase the sales tax for the mountains and the downtown development. Now is the payoff time. Mayor Beydler clarified that the motion on the floor did not include the request for proposal. It specifically requests that staff look into the abandonment of the road issue at this time. Jerry Kirkendahl, 11402 Cameron Court He did not want to see unnecessary money spent. He asked that the angle parking be kept. He suggested that the current plan be made pedestrian friendly without changing everything. He did not want to see existing business go broke while everything was torn up and they were waiting for the work to be completed. Bob Tripp, 16401 E. Tombstone He hoped that the traffic study was thoroughly done. He proposed that the town website be utilized more. Perhaps post some of these plans and have individual council member pages so they could post their thoughts and concerns. That way a citizen could get the information that they wanted in a timely fashion and not get mixed messages from the papers. iliwbuncilman Kavanagh reminded everyone of his website www.fountainhillsinfo.com on which he posts his opinions on the different issues and the council meeting minutes. Vice Mayor Fraverd did not feel that everyone realized the extent of MCO's assistance in this and what path they have ahead of them now. This meant that the conceptual condominium project that had been reviewed would change because of the plaza and the abandonment of that road. She noted that there hadn't been enthusiastic support for these three agenda items. As a sign of support she felt the town needed to bear some of the cost for the traffic study. Vice Mayor Fraverd AMENDED the motion that the Town supports this by paying 1/3 of the amended traffic study costs up to $1,000 and Councilman Kavanagh SECONDED the motion. Councilwoman Nicola felt MCO had more money to play with than the Town did at this time. She stated she would not support the amendment. Councilman Kavanagh said this generous offer by MCO was giving the Town a million dollar view that would be enjoyed from the Community Center and Library for years to come. He said he would support this amendment. Vice Mayor Fraverd reminded the Council that Mr. Franklin had asked in his presentation that MCO pay no additional expense for the committee's plan. She pointed out this was such a minute part compared to the whole expense that MCO would have in redoing all that was involved with the changes made to the improvement plans. This was a major undertaking on MCO's part because the Town wanted the expansion of the plaza. She asked if the Council was willing to have a stake in this financially or not. She understood that Mr. Bielli needed to start on these changes immediately because he had a buyer for the condo project. She did not know if he wanted to take this on with the halfhearted vote on the part of the Council. Councilman Archambault noted he and the Mayor had been left out of the loop again. He stated he did not know that the south plat was even up for discussion and now the Council was hearing about a condo project. He asked to hear from Mr. Bielli. Did MCO object to paying for the traffic study? Mr. Bielli responded it was not his intension to leave the Council out of the loop. The issue was that MCO was into the second review of their improvement plans. What MCO was asking 'or tonight was to have the abandonment on tonight's agenda. Once that vote happened,MCO was committed to pay for the _traffic study. What MCO did not want to see was the Council making an arbitrary decision a couple weeks from now,even though a positive traffic study came back and MCO had gone through the expense of a plan redesign. He commented that A:\Regular Session 11-7-02.doc Page 9 of 14 the Council would see the condo project before them at a future date. He stated that what the Council was looking at right now was a land swap that would expand the plaza by abandoning a road. If a positive traffic study came back, and the staff approved that traffic study, then it would be logically assumed that the abandonment would occur. He stated that at this 2oint he needed commitment from the Council because MCO was so far along with these improvement plans. Mr. Bielli reviewed the MCO's project timeline. He did not feel it was good business to redesign the improvement plans until he received a positive vote from the Council abandoning the road and land transfer took place, as that would delay the revision of his improvement plans until December/January. Whereas,right now with the improvements currently submitted to the Town, theoretically if he were to get those plans back in next week, MCO could go ahead and pull permits in December. He restated that he needed some reassurance from the Council. Vice Mayor Fraverd's idea was fine,but he said he would not spend a lot of money only to have the plans change as had happened in the past. Mr. Bielli restated that the currently submitted plans were what MCO could legally do. MCO wanted to see a symbol of support if they were going to change their plans and delay their users that would be coming before the Council. Councilman Archambault said he would not support this amendment. Vice Mayor Fraverd said it was not the idea of the money. It was to show the Town's financial commitment and to show MCO that they could count on the Town's support so they could move ahead. Mayor Beydler stated he would not support the amendment. Councilwoman Ralphe said she would not support the amendment either. The original motion simply directed staff to explore the abandonment and to initiate the process. She felt there was a certain amount of commitment shown in that action and town dollars did not need to be spent. A roll call vote was taken with the following results: Councilwoman Nicola Nay Councilman Archambault Nay Mayor Beydler Nay Vice Mayor Fraverd Aye Councilwoman Ralphe Nay Councilman Kavanagh Aye The motion FAILED on a vote of 4 to 2. Vice Mayor Fraverd and Councilman Kavanagh cast the aye votes. Mayor Beydler asked that Director Hansen restate the main motion, which she did. Councilman Kavanagh clarified the 'spirit of the motion as being that if a positive traffic study came back, the Council would support the abandonment. Councilwoman Nicola understood that. Vice Mayor Fraverd asked for this to be agendized for the next Council meeting, if possible. Mayor Beydler agreed that was the Council's intention, but at the next meeting every councilperson would have the right to exercise their vote and their judgment at that time. Councilman Kavanagh stated that barring new facts unknown to the Council now,there would be no reason to change. The motion CARRIED unanimously. Vice Mayor Fraverd interjected that the Council had forgotten the second part of the agenda item. She stated it was on the agenda for discussion as part of the Consensus Team's recommendations. Councilwoman Nicola asked the town attorney if it was possible to look at this at the next Council meeting. Mr. McGuire stated it was prudent for staff to take that as direction to consider Mr. Franklin's proposal and bring it back with some recommendation after Mr. Pickering had had time to look it over. Without any type of research behind it, it was difficult for staff to formulate anything other than that staff would bring it back to the Council on a subsequent agenda. Councilman Kavanagh asked if the council was making a motion to direct staff to begin gathering information so that formal action could be taken at the next meeting. Mayor Beydler asked the town manager to respond. Mr. Pickering said staff understood the direction. He said it was important that when the Town's limited dollars were going to be spent, that all options be looked at. He felt that this proposal was very good, but it was important to weigh the improved right-of-way with other priorities and to get the Council's feelings as to where those priorities stood. That would direct staff as to where the money would flow. Councilwoman Ralphe stated that because the town manager expressed it was important to look at the big picture, she did not favor directing staff to explore the RFP. A resident called for a point of order, as he did not see this discussion agendized. Mayor Beydler referred him to the wording contained on the agenda as to the requests made by the downtown Development Consensus Team. Councilwoman .alphe wanted to look at the broad picture. She directed staff not to pursue the specific RFP separately but to explore it as part of the whole with all of the other downtown ideas. Vice Mayor Fraverd asked Mr. Pickering if he could have a list of options and specifics for the council to review in a couple of weeks. Mr. Pickering responded staff intended to bring the A:\Regular Session 11-7-02.doc Page 10 of 14 Council the big picture, which would include the RFP. He felt it was important to compare all options and to put some dollars to those before making a decision on this one item since the town had a very limited amount of dollars that can be spent. Mayor Beydler reiterated that staff should talk with MAG because they have a pilot project. If a municipality has economic development issues that have something to do with transportation, MAG will give money. Not only for the study, but they would be willing to consider the actual infrastructure itself. He asked that staff investigate what programs were available through MAG. AGENDA ITEM #11 - CONSIDERATION OF ESTABLISHING A COMMITTEE TO ANALYZE, ASSESS AND REVIEW POSSIBLE METHODS OF FINANCING FIRE AND EMERGENCY MEDICAL SERVICES FOR FOUNTAIN HILLS RESIDENTS AND MAKE A RECOMMENDATION TO THE COUNCIL REGARDING HOW THE SERVICES SHOULD BE FUNDED INCLUDING BUT NOT LIMITED TO PLACING A PROPERTY TAX ISSUE ON THE MAY 2003 BALLOT. THE ITEM INCLUDES APPROVAL OF A RESOLUTION OUTLINING THE COMMITTEE'S SCOPE OF WORK, DEADLINES TO COMPLETE THE WORK, AND TERM LIMIT OF THE COMMITTEE. Mr. Pickering gave an overview of the process. At the last session which was held on the town's finances it had been suggested that staff put together a"blue ribbon"committee to review if the town should put the fire funding option to a vote of the public and before doing so to get input from such a committee. He stated that a resolution had been prepared that had some direction and duties as to what that committee might be. Staff was not sure if that was everything that the Council wanted,but the draft was prepared in order to give that group some direction if it was to be formed. Councilman Kavanagh MOVED to take action to appoint this committee based upon the town manager's timeline and Vice Mayor Fraverd SECONDED the motion. Mr. McGuire asked if that motion also approved Resolution 2002-45 that was included in the packet and Councilman Kavanagh responded yes, with one modification. He stated that he would like the cessation time of the committee to be determined by the Town Council upon recommendation of the committee. Councilwoman Nicola requested that the town manager include those citizens who had filed applications expressing an iterest in serving on the previously discussed committee and extend an invitation for them to be considered for this ommittee. She asked that the advertisement take place in any appropriate forum such as the Times,the town's website,and the Scottsdale Republic so that there was a wide spread base to chose from. Mr. Pickering agreed that could be done. Vice Mayor Fraverd encouraged the public who previously had been involved with a town government to apply, perhaps those who had been involved with the bond committee as they had some expertise and background that would be helpful. The motion CARRIED unanimously. AGENDA ITEM #12 - CONSIDERATION OF ESTABLISHING A COMMITTEE CONSISTING OF THREE COUNCIL MEMBERS TO RECRUIT AND RECOMMEND A CITIZEN TO SERVE ON THE MUNICIPAL PROPERTY CORPORATION. Councilman Kavanagh asked how the last committee members were appointed. Director Hansen stated that was done at the time the municipal property corporation was formed. The town manager and the town attorney brought forward three names of interested citizens and the Council appointed them. Vice Mayor Fraverd preferred to do it the same way. She indicated she would be comfortable with asking interested citizens to apply and let staff pick somebody. Councilman Kavanagh agreed that staff could recommend someone. Director Hansen commented that there wasn't a need to rush at this time. The two members had met three weeks ago and they will not have any need to meet in the near future so it was not imperative that this action be done quickly. Councilman Archambault requested a timeline of February next year as appropriate. Mr. Pickering said that would be fine. Vice Mayor Fraverd MOVED to direct staff to invite citizens to apply for the committee and have staff make their recommendation for appointment to the Town Council. Councilman Archambault asked if a timeline of February next year ould be appropriate. Mr. Pickering said that would be fine. Mayor Beydler asked if that was a friendly amendment. ouncilman Archambault agreed it was. Councilman Kavanagh SECONDED the motion. The motion CARRIED unanimously. A:\Regular Session 11-7-02.doc Page 11 of 14 AGENDA ITEM #13 - CONSIDERATION OF ESTABLISHING A COMMITTEE CONSISTING OF THREE COUNCIL MEMBERS AND STAFF TO REVIEW AND RECOMMEND A PROPOSED POLICY OF COUNCIL MEETINGS RULES OF PROCEDURE. L Mayor Beydler said Councilman Melendez, Councilwoman Nicola, and Councilwoman Ralphe had indicated an interest in serving on this committee. He stated as mayor, he would be on the committee so there were two open slots. Mr. Pickering asked Director Hansen to give an overview of staffs progress. Director Hansen stated that staff had been reviewing procedural rules from twenty other jurisdictions, zeroing in on the policies used in Goodyear. She commented that Goodyear had based their rules on Peoria's procedural rules. Goodyear used a method that was being proposed tonight: having a committee of three council people that would work with staff. Staff was in the process of drafting a working document for which staff would like the Council's assistance with regard to review and comment. Councilman Kavanagh asked how many manuals did staff review. Director Hansen stated twenty. Councilman Kavanagh asked how many jurisdictions use this subcommittee procedure. Director Hansen pointed out that not all municipalities contacted provided that information as to how they derived their policies and procedures and some do not have rules and procedures. She noted that more than half of them did. Councilman Kavanagh countered that more than half of them did not arrive at them by having a three person council sub committees more or less construct them and bring them back to council. Councilman Kavanagh asked if it was known how many did it this way. Mr. Pickering interjected that was only one of the methods that was used. Staff did not know how the others arrived at their rules of procedures. Mr. Pickering stated his staff had put a lot of effort into this. It was his intent to get into an area where open discussion could be held for anyone to attend and voice their opinion. He envisioned give and take in a less formal setting to try to work through these important rules of procedures. Councilwoman Nicola thought this was a committee that all of the Council members would like to be on. She suggested a work-study session rather than trying to pick and choose who would be on the committee. Councilman Kavanagh agreed that a work-study session would be better. He expressed concern that three council members on a sub committee would arrive at a compromise. Based on human psychology, those who might not have been thrilled with the compromise would feel compelled to support it because they were part of the subcommittee. He felt there would be a risk that those three council members would be locked into approving the document and only one nore vote would be needed to approve it. The risk would be making policy by sub committee instead of by open group. hose not on the committee would be left out of the loop. Councilwoman Ralphe stated that she remembered in previous conversations with Mr. Pickering that he was a proponent of three member Council subcommittees to look into various issues. Mr. Pickering said the thought behind this was if there were a representative group of the Council, most issues would be addressed, allowing staff to have Council feedback on what type of issues they were concerned about. It should eliminate surprises on staffs part and provide a good educational foundation for Council. The reason to ask for only three members was the "burn-out" factor on the part of council members having to attend many meeting. If a council member really wanted to be there, they could, as a three- person council sub committee meeting would be a meeting open to the public. Mr. Pickering stated that staff needed Council input on issues and this was a way to accomplish that. Councilman Archambault asked Mr. McGuire if this approach was legal. Mr. McGuire said there was nothing illegal about this. He felt Mr. Pickering was very accurate in pointing out that this would be an official sub-committee of the Council. The meetings would be posted just like the full-bodied meetings of the Council. Councilman Archambault did not have any problems with the proposed three-person subcommittee. Vice Mayor Fraverd agreed with Councilwoman Nicola that it should be open to the entire Council. If there was a level of trust perhaps a three-person sub committee might be more palatable. She stated the Council was not at that point yet. She was not sure if they would be at that point after the retreat or not. She wanted to be able to provide input on this agenda item and planned to be there whether or not she was on the committee. Vice Mayor Fraverd hoped there would be an avenue for her to express herself whether she was a committee member or not. She restated she wanted this item open to all Council members. Mayor Beydler stated that he felt that work-study sessions would be the way this Council would want to go although Mr. 'ickering's committee approach had some valid logic behind it. Mayor Beydler asked if this issue should be addressed %rafter the Council's retreat. Councilwoman Nicola asked if it would be appropriate for this to be part of the agenda for the A:\Regular Session 11-7-02.doc Page 12 of 14 retreat with the Council split into two groups at that time. They could then hold a work-study session or council meeting for final discussion and approval. Councilman Kavanagh thought that would still be problem. Mr. Pickering stated that the draft was not complete. He did not think this draft should be discussed at the retreat, as it was very cumbersome. He acknowledged that it would probably take more than one work-study session to go through it. The process of how staff wanted to handle it was one that would come up in the retreat so he suggested handling it after the retreat. Mayor Beydler asked if this was a request for continuance until the first regularly schedule council meeting in January following the retreat. Mr. Pickering said that was correct. Councilman Kavanagh directed staff that as this was being formulated he would appreciate it if it were to be noted where it differed from the Council's present policy. Mr. Pickering responded that it would be very obvious as the new policy was almost all new as the current policy was only about a page and one half. Mayor Beydler clarified what Councilman Kavanagh was asking for as being a written account of how the Council currently operated, even though it might not be part of the Town Code, so that Council could compare that process to the proposed policy. Councilman Kavanagh agreed that was what he was asking for. Mayor Beydler asked for Mr. McGuire's opinion. Mr. McGuire was sure that staff would be very happy to reference the differences, but staff might be guessing at some points at what the protocol might be. The reason this was being brought forward was staff did not know and they wanted direction from the Council as to what they wanted done. In terms of the Council procedural rules that had been adopted for meetings could be referenced wherever they were different. He felt there was danger in trying to figure out what the unwritten policies were to annotate them into to information. Mayor Beydler clarified that the unwritten policy at the moment was the problem. Mr. McGuire said that everything else, other than what was written in the Code, could be classified as habit and had not be codified. If there was a change that needed to be made to the draft text to reflect what was a comfortable unwritten policy, then that was appropriate but he would be uncomfortable having staff guess at what those policies might be. Councilman Kavanagh clarified he was referring to policy,not oral tradition. Councilwoman Ralphe MOVED to continue this item to the first regular Town Council meeting in January 2003. Councilman Archambault SECONDED the motion. Councilwoman Nicola asked if the town manager and the town attorney had a problem with supplying the council with a ,,,opy of the working draft so that they could participate in the formulation of it. Mr. Pickering replied yes. If that occurred the process would have already been decided and the process had not been decided yet. He expressed what would happen was individual Council members would start to make various changes. He felt those changes should be made as a group. Once staff was done with their portion of the draft, he did not have a problem with that. He said the council needed to set a procedure before getting into the discussion of the document. Mr. McGuire agreed with Mr. Pickering. The motion CARRIED unanimously. AGENDA ITEM#14- CALL TO THE PUBLIC. No one came forward. AGENDA ITEM#15 -ADJOURNMENT. Vice Mayor Fraverd MOVED to adjourn the meeting and Councilwoman Nicola SECONDED the motion. The motion CARRIED unanimously. Mayor Beydler adjourned the meeting at 9:04 p.m. L A:\Regular Session 11-7-02.doc Page 13 of 14 TOWN OF FOUNTAIN HILLS AlI By: /111LI 1 Jon Be dler, M.,or 644A'As...1 ATTEST: rL`� Cassie B. Hansen,Director of Administration/Town Clerk PREPARED BY: .'(.1`J 4e Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 7th day of November 2002. I further certify that the meeting was duly called and that a quorum was present. )ATED this 21S`day of November 2002. CALWA1 Cassie B. Hansen, Director of Administration/Town Clerk L A:\Regular Session 11-7-02.doc Page 14 of 14